Victims' Rights

In 1996, 89% of Indiana's voters approved of a State Constitutional Amendment for victims' rights. Article 1, Section 13(b) of the Constitution of the State of Indiana provides as follows:

Victims of crime, as defined by law, shall have the right to be treated with fairness, dignity and respect throughout the criminal justice process; and, as defined by law, to be informed of and present during public hearings and to confer with the prosecution, to the extent that exercising these rights does not infringe upon the constitutional rights of the accused.

To date, only 32 states have amended their constitutions to include victims' rights.

Additionally, in Indiana, victims of crime have certain statutorily enumerated rights. Among those rights are the following:

RIGHT TO FAIR TREATMENT

You have the right to be treated with fairness, dignity, and respect; free from intimidation, harassment and abuse throughout the criminal justice process. I.C. § 35-40-5-1; I.C. § 35-40-6-2.

RIGHT TO INFORMATION

You have the right to be informed, upon request, when a person who is accused of committing, or convicted of committing, a crime perpetrated directly against you is released from custody or has escaped. You have the right to information, upon request, about the disposition of the criminal case involving you as a victim or the conviction, sentence, and release of a person accused of committing a crime against the victim. I.C. §35-40-5-2(a).

RIGHT TO CONFER WITH PROSECUTOR’S OFFICE

Upon request, you have the right to speak with a representative of the Prosecuting Attorney’s Office after a crime committed against you has been charged, before the trial of the crime committed against you, and before any disposition of a criminal case involving you.

However, this right does not include the authority to direct the prosecution of the criminal case involving you as a victim. I.C. § 35-40-5-3(b).

RIGHT TO SAFETY CONSIDERATIONS

You have the right to have your safety considered when determining release from custody of a person accused of committing a crime against you. I.C. § 35-40-5-4.

RIGHT TO BE HEARD

You have the right to be heard at any proceeding involving sentencing, a post-conviction release decision, or a pre-conviction release decision under a forensic diversion program. I.C. § 35-40-5-5.

You have the right to make a written or oral statement for use in preparation of the pre-sentence investigation report. I.C. § 35-40-5-6(a).

RIGHT TO SEEK CIVIL REMEDIES

You have the right to pursue an order of restitution and other civil remedies against the person convicted of a crime against you. I.C. § 35-40-5-7.

RIGHT TO KNOW YOUR RIGHTS

You have the right to be informed of your constitutional and statutory rights as a victim. I.C. § 35-40-5-93.